Data Proc. Fin. Gen. v. Int'l Bus. Mach

8 Citing cases

  1. Rafferty v. Nynex Corp.

    744 F. Supp. 324 (D.D.C. 1990)   Cited 15 times
    Holding that where plaintiff's memorandum in opposition to motion for summary judgment offers no rebuttal to defendants' argument, plaintiff may be deemed to have conceded that issue

    Indeed, it has been specifically established that a private party cannot premise a treble damage action under Section 4 upon violations of a government consent decree. Paul M. Harrod Co. v. A.B. Dick Co., 194 F. Supp. 502, 504 (N.D.Ohio 1961);See also, Sound, Inc. v. American Tel. Tel. Co., [1979-2] Trade Cas. ¶ 62,974, at 79,547-48 (S.D.Iowa 1979, aff'd, 631 F.2d 1324 (8th Cir. 1980)); Cinema Service Corp. v. Twentieth Century-Fox Film Corp., 477 F. Supp. 174, 177-78 (W.D.Pa. 1979); Control Data Corp. v. International Business Machines Corp., 306 F. Supp. 839, 846 (D.Minn. 1969), aff'd, 430 F.2d 1277, 1278 (8th Cir. 1970). Plaintiff attempts to distinguish Paul M. Harrod by suggesting that it turns on the fact that references to the consent decree would prejudice the jury and that references to it were readily excisable.

  2. Pure Country, Inc. v. Sigma Chi Fraternity

    312 F.3d 952 (8th Cir. 2002)   Cited 265 times
    Holding that, as a procedural matter, it is plainly erroneous for a district court to grant a motion to dismiss and then deny a pending motion to amend as moot, without consideration of the merits of the motion to amend

    As the district court explained, strangers to a consent decree generally do not have standing to enforce a consent decree. See Blue Chip Stamps v. Manor Drug Stores, 421 U.S. 723, 750, 95 S.Ct. 1917, 44 L.Ed.2d 539 (1975); Data Processing Fin. Gen. Corp. v. Int'l Bus. Machs. Corp., 430 F.2d 1277 (8th Cir. 1970) (per curiam), aff'g Control Data Corp. v. Int'l Bus. Machs. Corp., 306 F.Supp. 839 (D.Minn. 1969). In order for a third party to be able to enforce a consent decree, the third party must, at a minimum, show that the parties to the consent decree not only intended to confer a benefit upon that third party, but also intended to give that third party a legally binding and enforceable right to that benefit.

  3. Lavapies v. Bowen

    687 F. Supp. 1193 (S.D. Ohio 1988)   Cited 8 times

    Generally, non-parties have no right of action based upon a settlement or consent decree. Data Processing Financial General Corp. v. Int'l Business Machines Corp., 430 F.2d 1277 (8th Cir. 1970). It has been held that a consent decree is not enforceable directly or in collateral proceedings by those who were not parties to it even though they were intended to be benefited by it. Blue Chip Stamps v. Manor Drug Stores, 421 U.S. 723, 95 S.Ct. 1917, 44 L.Ed.2d 539 (1975).

  4. Coca-Cola Bottling Co. v. Coca-Cola Co.

    654 F. Supp. 1419 (D. Del. 1987)   Cited 22 times
    Holding that the term sugar as used in the decrees did not include HFCS

    The rationale for strictly limiting standing to sue for violation of antitrust consent decrees was stated in a pre- Blue Chip decision: "To permit enforcement of an antitrust consent decree by third parties in reality makes the decree a statute continuing perhaps in perpetuity, and one withal not enacted by Congress." Control Data Corp. v. IBM Corp., 306 F.Supp. 839, 846 (D.Minn. 1969), aff'd, 430 F.2d 1277 (8th Cir. 1970); see Gautreaux v. Pierce, 707 F.2d 265, 273 (7th Cir. 1983) (antitrust consent decree creates enforceable rights in plaintiff only) (Posner, J., concurring). The Blue Chip statement is not limited solely to government antitrust consent decrees, as that case was itself a suit for violation of the securities law.

  5. Cinema Serv. Corp. v. Twentieth Century-Fox

    477 F. Supp. 174 (W.D. Pa. 1979)   Cited 10 times
    Barring claim for violation of government antitrust consent decree by private party

    Defendant has cited in its brief numerous cases wherein the courts have held both with regard to decrees generally and the Loew's decree specifically, that a non-party to a decree previously entered in a government antitrust suit states no cause of action by alleging a violation of its provisions and may not attempt collaterally to enforce any such decree against a defendant. See United States v. American Society of Composers, Authors and Publishers, 341 F.2d 1003, 1008 (2d Cir.), cert. denied, 382 U.S. 877, 86 S.Ct. 160, 15 L.Ed.2d 119 (1965); Control Data Corp. v. IBM Corp., 306 F. Supp. 839, 845 (D.Minn. 1969), aff'd, 430 F.2d 1277 (8th Cir. 1970); Independent Theatres, Inc. v. American Broadcasting-Paramount Theatres, Inc., 179 F. Supp. 489, 490 (S.D.N.Y. 1959); Brownlee v. Malco Theatres, Inc., 99 F. Supp. 312, 317 (W.D.Ark. 1951). Dahl, Inc. v. Roy Cooper Co., 448 F.2d 17, 20 (9th Cir. 1971); Sablosky v. Paramount Film Distributing Corp., 137 F. Supp. 929, 936 (E.D.Pa. 1955).

  6. Iron Mtn. Sec. Storage v. Am. Specialty Foods

    457 F. Supp. 1158 (E.D. Pa. 1978)   Cited 62 times   1 Legal Analyses
    Holding that a counterclaim seeking one interpretation of a contract was not redundant to the original claim seeking a different interpretation

    Most of the cases cited in support of the holding in Green Bay Packaging do not deal with counterclaims and none of them held that a counterclaim could be dismissed merely because it duplicated issues in the complaint. See United States Fidelity Guar. Co. v. Pierson, 89 F.2d 602, 605 (8th Cir. 1937) (upholding striking of portion of answer containing "an allegation of wholly impertinent matter or an allegation of evidentiary matter"); Control Data Corp. v. International Business Mach. Corp., 306 F. Supp. 839 (D.Minn. 1969) (striking complaint's allegations of consent decrees), aff'd, 430 F.2d 1277 (8th Cir. 1970); Vignovich v. Great Lakes S.S. Co., 3 F.R.D. 69 (W.D.N.Y. 1942) (striking paragraphs of complaint that were not "simple, concise, and direct" as required by Fed.R.Civ.P. 8(e)(1)); Chambers v. Cameron, 29 F. Supp. 742 (N.D.Ill. 1939) (dismissing prolix counterclaim as violating Fed.R.Civ.P. 8(a)). Defendants would have every right to seek a judgment declaring that their interpretation of the contract was the correct one.

  7. Green Bay Packaging, Inc. v. Hoganson Asso.

    362 F. Supp. 78 (N.D. Ill. 1973)   Cited 27 times   1 Legal Analyses
    Striking declaratory relief counterclaims seeking resolution of same issues raised in plaintiff's cause of action for declaratory relief

    It is well settled that such repetitious and unnecessary pleadings should be stricken. Control Data Corp. v. International Business Machine Corp., 306 F. Supp. 839 (D.Minn. 1969) appeal denied 421 F.2d 323 (8th Cir. 1970), aff'd 430 F.2d 1277 (8th Cir. 1970); United States F G Co. v. Pierson, 89 F.2d 602 (8th Cir. 1937); Vignovich v. Great Lakes S. S. Co. Inc., 3 F.R.D. 69 (W.D.N.Y. 1942); Chambers v. Cameron, 29 F. Supp. 742 (N.D.Ill. 1939). II. COUNTS II, IV, V, AND VI OF THE COUNTERCLAIM FAIL TO ADEQUATELY STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED.

  8. Davis v. City of Los Angeles

    No. B241631 (Cal. Ct. App. Oct. 14, 2014)

    [Citations.]" (Control Data Corp. v. International Business Machines Corp. (D.Minn. 1969) 306 F.Supp. 839, 845, aff'd sub nom. Data Processing Financial & General Corp. v. International Business Machines Corp. (8th Cir. 1970) 430 F.2d 1277.) Thus, "[o]rdinarily non-parties have no right of action based upon a consent decree."